Noble v. Erwin

Citations

• 50 Pa. Super. 72
• 1912 Pa. Super. LEXIS 8

Syllabus

<p>Contract — Sale—Kind of goods — Quality.</p> <p>1. In an action to recover the price of goods sold and delivered, where there is evidence that there were three kinds or classes of the goods in question, and that the goods delivered were of the kind or class ordered, although of an inferior quality, and it appears that the purchaser retained the goods, a verdict and judgment in favor of the vendor for the contract price will be sustained. In such a case if the purchaser is dissatisfied with the quality he may return the goods after a reasonable time for inspection; but if he retains them he must pay the contract price. But if they were not of the kind ordered but of a kind less valuable, he is liable only for what they were worth.</p> <p>Practice, C. P. — Pleadings—Rule of court.</p> <p>2. Where in an action of assumpsit the pleadings consisted of a statement,' answer and replication in accordance with a rule of court then in force, but afterwards and before the case is tried, a new rule is adopted providing for the filing of a plea in accordance with the Act of May 25, 1887, P. L. 271, and the case is tried on its merits without the filing of such a plea, the plaintiff cannot thereafter claim that a verdict and judgment against him should be set aside because no plea was filed in accordance with a rule of court.</p>